Res 2014-148/Interlocal with SMCISD for SRO program

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13.0 Evaluation It is mutually agreed that SMCISD may annually evaluate the SRO Program and the performance of each SRO. It is further understood that the SMCISD'S evaluation of each officer is on an advisory capacity only and that the DEPARTMENT retains the final authority to evaluate the performance of the SROs. The SMCISD Superintendent, or the Superintendent's designee, and the Liaison Officer from the DEPARTMENT shall meet to discuss the status of the SRO Program and its officers, as both parties determine to be necessary. 14.0 Exchange of Information It is mutually agreed that SMCISD and the SROs will work together to curtail criminal activity on SMCISD property. As such, all SROs shall share any information with the SMCISD Superintendent, or the Superintendent's designee, and Principals in relation to an arrest or an investigation involving SMCISD personnel or students, except if such sharing of information impedes or obstructs the investigation of a crime. If a SRO withholds information or refuses to share information with the SMCISD Superintendent, or the Superintendent's designee or campus Principal after an oral or written request has been made and there is no justifiable reason for the withholding of the information, then the SRO shall be removed from SMCISD, upon the request of SMCISD. To the extent allowed by the Family Educational Rights and Privacy Act and the Texas Education Code, SMCISD shall share information relevant to the prosecution or investigation of a crime with the SROs. 15.0 Relationship Of The Parties Under no circumstances shall either party be deemed an employee of the other, nor shall either party act as an agent of the other party. Any and all joint venture or partnership status is hereby expressly denied and the parties expressly state that they have not formed, either express or imp] iedly, a joint venture or partnership. The DEPARTMENT, its employees, agents, and representatives, are not in any manner employed by SMCISD. Additionally, it is agreed upon, that the SMCISD employees, agents, and representatives, are not employees of or agents of the DEPARTMENT. Each political subdivision is responsible for the acts or omissions of its own employees, agents, or representatives. 16.0 Enforcement 16.1 Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and this Agreement shall be constructed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. Page 7 of 9